HomeMy WebLinkAboutBOARD OF APPEALS
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OJHKOJH
City of Oshkosh
Dept. of Commuoity Developmeut
215 Church Ave., PO Box 1130
Oshkosh, WI 54903-1130
(920) 236-5059 (920) 236-5053 FAX
Jackson R. Kinney
Direo'or
August 25, 2005
Mr. Jim Lefeber
Fox Cities Construction Corporation
4614 Red Fox Road
Oshkosh Wisconsin 54904
Re:
2045 W. 20th Avenue
Dear Mr. Lefeber:
On August 24, 2005 the Board of Appeals approved your request for a variance to construct an addition
that will join two existing manufacturing buildings subject to the following condition.
1.
The addition be buffered on the east and north sides by a minimum 10' wide landscaped area
immediately abutting the building. Plant material in that area shall include but not be limited to
evergreen trees. Landscape plan subject to final approval by staff.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on August 25, 2005. Per Section 30-6(C)(3) and (4) of the City of Oshkosh
Zoning Ordinance, your variance will expire on February 24, 2006 unless you have started construction
for the activity allowed by the variance. If you fail to begin construction by this date, you must reapply
for a variance if you intend to go altead with the activity allowed by the variance.
Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may
commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may
be issued on approval of the Board, but you should be aware that further action could take place
until as much as 30 days after the date of the decision.
Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh
City Hall between 7:30 - 8:30 AM and 12:30 - 1:30 PM, Monday thru Friday, or call (920) 236-5050 for
an appointment. Please bring all required building plans and information necessary for review when
obtaining your building permit.
If you have any questions, feel free to call me at (920) 236-5059.
Sincerely,
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SUSAN KEPPLINGER
Principal Planner
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Board of Appeals Minutes
-2-
August 24, 2005
Mr. Lang stated he is opposed to the idea as the building is under already construction without getting
the variance approved. Jim LeFeber stated they are trying to meet all the zoning requirements and they
did, they are trying to make it more appealing to the cars going over the overpass. Ms. Kepplinger
stated they are trying to make the site work without forcing the City of Oshkosh to move the sewer and
water and having the expense along with it.
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Jim LeFever stated they met all the zoning requirements to make this project work, all other projects
they are told they need to screen the accessory structures, now they want to move the dumpster so it's
more appealing for the public. Mr. Cornell stated he understands what is being said and agrees with
that, however the bigger issue is saving the city money. The board of appeals did not issue the building
permit and are here to correct an error in no fault of the builder or no fault to the city. With the
recommendation from staff including the landscaping to buffer the appearance, it's more of an ideal
situation under the circumstances.
Jim LeFever showed the landscape plan to the board and stated if the variance got approved, the
dumpster will be in an enclosed structure and there will be landscaping around that area.
Motion by Mr. Cornell for approval of the variance to construct a dumpster enclosure with
a 15' rear yard with the following condition;
1. Installation of landscaping to buffer the appearance of the enclosure from Highway 41
subject to approval by staff.
Seconded by Mr. Ruedinger, motion carried 4-l.
Finding of Facts: Mr. Wilusz stated there is clearly a unique physical characteristic about this
location and water/sewer easement running through the property. The hardship is being addressed as the
City of Oshkosh's hardship.
II.
0' t~otb Ave.
Jim LeFeber, Fox Cities Construction, applicant and Jay Manufacturing, owner, request a variance to
construct an addition that will join two existing manufacturing buildings. The addition will have a:t
17'4" side yard setback whereas Section 30-30 (B) (2) of the City of Oshkosh Zoning Ordinance
requires a 20' side yard setback. The existing building on the west side of the site has a rear yard
setback of:t 23' whereas Section 30-30 (B) (3) requires a 25' rear yard setback. The proposed addition
will be of steel and will not meet the requirements of30-34 (D) (1) (t) which requires any additions in
excess of fifty (50) percent of the existing floor area of the existing building constructed prior to the
effective date of this Ordinance to comply with this Section.
Mr. Ruedinger asked if the landscaping recommendation by staff is to be along 20'b Ave. & Washburn
St.. Ms. Kepplinger stated the landscaping would be right against the building, it would break up the
building wall.
Mr. Lang asked for clarification on whether the variance was for setbacks or for the types of materials
for materials used in the construction of the new building. Ms. Kepplinger referred to Municipal Code
30-34 (D) (1) (t).
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Bóard of Appeals Minutes
-3-
August 24, 2005
Mr. LeFeber asked if the landscaping on the 20th St. side was for the addition itself. Ms. Kepplinger
(" stated it was for the addition itself. Mr. Ruedinger asked if they currently have landscaping on that side.
. Mr. LeFeber stated then: are a few trees and shrubs along the existing building.
Mr. Penney asked when a variance is approved with conditions, what kind of follow up is being done to
verify that the conditions are being met. Ms. Kepplinger stated the permit has not been issued at this
time and he needs the variance to get the permit. When the permit is applied for a zoning review is done
at that time the inspectors discover a variance has been granted and then the planning division staff
makes sure the conditions of the variance request are met.
Mr. Ruedinger questioned staff, in the Municipal Code 30-34 (D) (1) (t) it states 50% of existing
building, if that means both buildings combined. Ms. Kepplinger replied, if the addition they are
building was less than 50% of the square footage of the floor area of the existing buildings it wouldn't
need to meet the 41 overlay
Mr. LeFeber stated the existing structure is two different metal buildings and the owner knows there are
concessions to be made.
Motion by Mr. Wilusz for approval of the variance to construct an addition that will join
two existing manufacturing buildings with the following condition;
1.
The addition be buffered on the east and north sides by a minimum 10' wide landscaped
area immediately abutting the building. Plant material in that area shall include but not
be limited to evergreen trees. Landscape plan subject to final approval by staff.
r
Seconded by Mr. Penney, motion carried 5-0.
Finding of Facts: Mr. Wilusz stated it is a unique situation, no harm to the public interest and strict
conformity without this given the unique situation would impose it would be unnecessarily burdensome
to the owner.
DISCUSSION OF THE BOARD OF APPEALS PROCEDURES
No discussion was held at this meeting.
There being no further business, the meeting adjourned at approximately 4:05 pm
Cornell/Wilusz. Unanimous.
Respectfully Submitted,
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David Buck
Associate Planner
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City of Oshkosh
Dept. of Communi'y Development
215 Chn<ch Ave., PO Box 1130
Oshkosh, WI 54903-1130
(920) 236-5059 (920) 236-5053 FAX
Jackson R. Kinney
Director
BOARD OF APPEALS AGENDA
AUGUST 24, 2005
3:30 PM
To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY,
AUGUST 24, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following
agenda.
ROLLCALL
APPROVAL OF JULY 27, 2005 MINUTES
I.
2550 SOUTH WASHBURN STREET
Fox Cities Construction, owner, requests a variance to construct a dumpster enclosure with a 15' rear
yard setback whereas Section 30-34(D)(4)(c) of the City of Oshkosh Zoning Ordinance requires a 25'
rear yard setback in the Highway 41 Overlay District.
II.
2450 WEST 20TH AVENUE
Fox Cities Construction, applicant and Jay Manufacturing, owner, request a variance to construct an
addition that will join two existing manufacturing buildings. The addition will have a iJ 7' 4" side
yard setback whereas Section 30-30 (B)(2) of the City of Oshkosh Zoning Ordinance requires a 20'
side yard setback. The existing building on the west side of the site has a rear yard setback ofi 23'
whereas Section 30-30 (B) (3) requires a 25' rear yard setback. The proposed addition will be of steel
and will not meet the requirements of30-34 (D) (1) (t) which requires any additions in excess of fifty
(50) percent of the existing floor area of the existing building constructed prior to the effective date of
this Ordinance to comply with this Section.
OTHER BUSINESS
Discussion of BOA procedures
ADJOURNMENT
IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DNISION AT
(920) 236-5059, BETWEEN 8 AM-4:30 PM, MONDAYTHRU FRIDAY
STAFF REPORT
BOARD OF APPEALS
AUGUST 24, 2005
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ITEM II: 2045 W. 20th AVENUE
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GENERAL DESCRIPTION AND BACKGROUND
Fox Cities Construction, applicant and Jay Manufacturing, owner, request a variance to
construct an addition that will join two existing manufacturing buildings. The addition
will have a iJ 7' 4" side yard setback whereas Section 30-30 (B)(2) ofthe City of
Oshkosh Zoning Ordinance requires a 20' side yard setback. The existing building on the
west side of the site has a rear yard setback ofi 23' whereas Section 30-30 (B) (3)
requires a 25' rear yard setback. The proposed addition will be of steel and will not meet
the requirements of30-34 (D) (1) (t) which requires any additions in excess of fifty (50)
percent of the existing floor area of the existing building constructed prior to the effective
date of this Ordinance to comply with this Section.
The property is located within an industrial park. The subject property is M-3 General
Industrial District with a Highway 41 Corridor Overlay. The subject property is currently
in manufacturing use.
The two existing buildings were previously on two separate lots; 2045 W. 20th and 2005
W.20th. These two lots are now under the same ownership and have been combined into
one property, 2045 W. 20th. In the original condition, the lot at 2005 W. 20'h was within
the Highway 41 Corridor Overlay, and the lot at 2045 W. 20'h was not. Now that the lots
are combined, the entire site is within the Overlay and the Overlay requirements apply to
the new construction. In addition, as a result of combining the lots, the west lot, which
was formerly a side lot line is now the rear lot line of the property and the south lot line,
which was previously the rear lot lines for the separate properties, is now the side lot line
for the new lot.
ANALYSIS AND RECOMMENDATION
In reviewing a variance request, the following questions should be addressed:
When considering an area variance, the qnestion of whether unnecessary hardship or
. practical difficulty exists is best explained as "whether compliance with the strict
le1ter of the restrictions governing area, set backs, frontage, height, bulk or density
would unreasonably prevent the owner from using the property for a permitted
purpose or would render conformity with such restrictions unnecessarily
burdensome."
Are there any unusual or unique physical limitations of the property which create a
hardship?
Will granting of a variance resnlt in harm to the pnblic interest?
-2-
BOARD OF APPEALS
AUGUST 24, 2005
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STAFF REPORT
The subject property is unique in that the Highway 41 Corridor Overlay applies to the
entire site since the two original lots were combined. The addition, with a smaller
footprint, could have been built on the site that was originally 2045 W. 20'b without
having to comply with the design requirements in the Overlay district. The appearance
of the addition will be consistent with the design and setback from the south lot line of
the original structure that was on the former 2045 W. 20th lot. Forcing the addition to
comply with the Overlay Design requirements will result in an addition that is
incompatible with the appearance of the original structure and, it could be argued, be less
attractive than an addition that is consistent with the original structure. Buffering the east
and north elevations of the addition with landscaping, including large evergreens, should
be sufficient to mitigate any potential negative visual impact of the addition on Highway
41 or 20'b Avenue.
The situation is also unique in that the substandard rear yard setback on the west side of
the lot for the building on the west side of the site is a result of combining the two lots,
which transformed the west lot line from a side lot line to a rear lot line. In the former
condition, the building met the 20' side yard setback requirement. However the building
is a couple of feet short of meeting the new 25' rear yard setback requirements. Altering
the existing building to meet the new rear yard setback would be unnecessarily
burdensome.
In regard to adverse impact, the proposed addition would have the most impact on the lot
to the south, which contains a City pumping station. The side yard setback of the
proposed addition is consistent with the setback of the original building. In consulting
with Engineering Department Staff, no concern was expressed regarding the setback of
the existing building nor the proposed addition.
Based on this information, staff recommends approval of the variances requested with the
following condition;
The addition be buffered on the east and north sides by a minimum 10' wide
landscaped area immediately abutting the building. Plant material in that area
shall include but not be limited to evergreen trees. Landscape plan subject to final
approval by staff.
Please Tvae or Print in BLACK INK
Return to: Department of
Commnnity Development
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903-1I30
CITY OF OSHKOSH
APPLICATION FOR VARIANCE
Please write legibly with black ink and also submi1 a complete reproducible site Dlan (maximum size 11" x 17"). (A
complete site plan includes, but is no1limited to, all structures, lot lines and streets with distances to each.) There is a
$125.00 fee for each variance application. The fee is payable to the CityofOshkosh and due at the time the application
is submitted.
Address of Parcel Mfected:
20t¡S W Z"d
Petitioner:
Fox Cities Construction Corp.
Petitioner's Address:
Home Phone:
54904
Work Phone:
(920) 235-8008
Signature Required:
Date:
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X Owner (if not petiti n
Home Phone:
54904
WI Work Phone:
(920) 235-1770
X Signature Required:
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Date:
8'-/-05--
In order 10 be granted a variance, each applicant must be. able to prove that an unnecessaty hardship would be created if
the variance is not granted. The burden of proving an unnecessaty hardship rests upon the applicant. The attached sheet
provides information on what cons1itutes a hardship, (Attach additional sheets, if necessaty, to provide the information
requested. Additional infonnation may be reques1ed as needed.)
1. Explain your proposed plans and why you are requesting a variance:
We propose to add on to the existing building from the South lot line to the North
for a distance of 115', the existing building is 17'4-3/4" from the South lot line,
the zoning requirements of today require a minimum of 20' set back. We are
requesting a variance to. match up to the existing mainframe steel to maintain the
existing building sub-structure layout.
2. Describe how the variance would uot have an adverse effect on surrounding properties:
The south side of the proposed building is owned by the City of
an access road to a well pump house. We do not see any adverse
building projects or future development.
Oshkosh. There is
effect to any
(Continued on Reverse Side)
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
structures:
With the City owned property to the south of the proposed structure, we would not
be encroaching on any other buildings or private property.
4. Describe the hardship that would result if your variance were not granted:
If we could not obtain a variance, the building mainframe
the proposed flow of materials and manufacturing process,
and hinder the process.
structure would obstruct
which would minimize
FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES
RANDAL / KRIS GOAKLY JR
1555 MARICOPA DR
OSHKOSH WI 54904
HARDT RENTALS LLC
2080 W 20TH AVE
OSHKOSH WI 54904
JULIES TOUCH OF SILVER
2070 W 20TH AVE
OSHKOSH WI 54904
GDS PROPERTIES LLC
4466 HARBOR VILLAGE DR
OMRO WI 54963-9499
ELLENWOOD CEMETARY ASSOC
2520 WITZEL AVE
OSHKOSH'WI54904
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DRAINAGE, GRADING AND EROSION CONTROL PLANS FOR
PROPOSED BUILDING ADDITION FOR
JAY MAUFACTURING INC.
2045 W 20th STRET OSHI<OSH. WISCONSIN
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DISCLAIMER
2045 W. 20th Ave.
This map is oeither a legally recorded map nor
a snrvey and i' is nol inlended to he nsed as one.
This drawing is a compila'ion of records, data
and informa'ion 10'""" in varions ci'y, conoly
and s'a'e offices and other sources affec'lng
the area shown and i' is '0 be nsed for refmnce
pnrposes only. The City of Oshkosh is no' re-
spoosible for aoy inaccnracies herein <on'ained.
If discrepencies are found, please contad 'he
CityofOshkosb.
City of Oshkosh Wisconsin
Community Development
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DISCLAIMER
2045 W. 20th Ave.
This map is neither a legally reco,ded map nor
asnmy aod i' is no' in'ended '0 he nsed atone.
Tbit drawing it a ,ompilation of remds, da'a
and Info'ma'ion located io va<ious city, conn'y
and sta" om", and oth" tonms affecting
'h, mashown and i' is to '" nsed forref",nce
pn,p"'" only. Th, City ofOthkoth is not ",.
sponsibl, Co, aoy inmuraci" b",io ,ontained.
If dltmp,nd" m fonnd, plme 'oo'act the
City of Osbkotb.
City of Oshkosh Wisconsin
Community Development